Can the other parent prevent the parent will full custody from leaving the state?
will live in illinois
the father doesn't have any custody rights at this point.
2007-03-07 09:53:36 · 12 answers · asked by na 1 in Politics & Government ➔ Law & Ethics
Yes, you as the custodial parent are legally required to inform the non-custodial parent in writing 60 days prior to taking the child out of the state. Once the father is given notice he can request that you not be allowed to leave the state and you will have to have a hearing. If you don't give your ex- notice he can have you charged with parental interference and you can be put in jail.
There should be a clause that says this in your parenting plan. I have mine in WA and that is the law there. Most state laws are usually quite similar. But if you have any doubts consult your attorney.
2007-03-07 10:13:30 · answer #1 · answered by evil_paul 4 · 0⤊ 0⤋
Every State and Judge is different but I would say NO. If you already have full custody and there is not currently a court oder in place, you should have every right to leave. Usually the only time they will make you stay in state is when the non-custodial parent is paying child support and is ordered to have limited visitation rights.
2007-03-07 10:08:30 · answer #2 · answered by Anonymous · 0⤊ 1⤋
There is a difference between custody and parental rights. You leaving the State is a violation of his parental rights. A judge must dicide and normally they will not rule in favor of a parent not being able to visit their children.
2007-03-07 10:42:50 · answer #3 · answered by Toolegit 5 · 0⤊ 0⤋
Don’t matter on human beings on right here for criminal advice, simply by fact very oftentimes the solutions given on indexed under are incorrect and/or incomplete. you would be able to desire to speak with an lawyer. those regulations variety by using state. I don’t be responsive to the regulations in this in PA yet in spite of in the event that they don’t require which you notify the non-custodial ensure and/or acquire court docket acclaim for the flow (and a large form of states do require that), Dad can nonetheless take you to court docket over this and contest the flow. The court docket will seem at many aspects, including no remember if the flow might develop the lives of the toddlers (not unavoidably YOURS) in some way. The court docket can not order YOU to proceed to be in a undeniable state, yet they are able to order than the toddlers won't be able to be moved out of the state. be conscious that in spite of if the court docket grants permission to go, it’s very in all probability that they'll require which you cover the finished value of transporting the toddlers back and forth for visitation, given which you created the area. confer with an lawyer earlier you do something.
2016-10-17 12:32:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Courts can nearly do anything they please, but no, not in this circumstance you're talking about. If you have full custodial rights, a court will not tell you that you cannot leave the state, unless the case for legal custodial rights is still pending. The other parent can only keep you in Illinois, if they have a case against you in court. Otherwise, you're free to leave.
2007-03-07 10:08:42 · answer #5 · answered by xenypoo 7 · 0⤊ 1⤋
In most cases if you have full custody and want to move you have to petition the court and have a hearing. UNLESS your divorce clearly states that you are allowed to move without a hearing. In those cases you would have to notify the court of your new address.
2007-03-07 11:06:05 · answer #6 · answered by Jill R 3 · 0⤊ 0⤋
custody is different than visitation. you may not be allowed to leave unless you petition the court and offer them a solution so father can still have a relationship with the kids.
2007-03-07 17:46:03 · answer #7 · answered by tryinthis2 4 · 0⤊ 0⤋
Most states have laws that provide that the child cannot be relocated out of state in the absence of consent from the other parent or court order.
2007-03-07 10:06:00 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You would have to go before a Judge and get permission to move out of state before you could do it - even though the father doesn't have custody, he still has rights that have to be protected, even if he is a scum bag.
2007-03-07 10:00:42 · answer #9 · answered by jwjkrjstorm 4 · 0⤊ 1⤋
Depends on distance and the states,
you must go to court if he has any visitation rights.
2007-03-07 10:02:00 · answer #10 · answered by CarlosTheRed 3 · 0⤊ 0⤋